EXPOSURE DRAFT (07/06/2013)

Code of Conduct for Patent and Trade Marks Attorneys 2013

The Professional Standards Board for Patent and Trade Mark Attorneys makes the following Code of Conduct under the Patents Act 1990 and the Trade Marks Act 1995. Dated: 2013

The Professional Standards Board for Patent and Trade Mark Attorneys

Contents
Part 1Preliminary
1 2 3 4 5 1 Name of code .............................................................................................................. 1 Commencement .......................................................................................................... 1 Authority ..................................................................................................................... 1 Definitions .................................................................................................................. 1 Former Code of Conduct............................................................................................. 3 4 Application of code ..................................................................................................... 4 Objectives of code....................................................................................................... 4 Examples in code ........................................................................................................ 5 Rights of clients not affected....................................................................................... 5 6 Application of Part 3 ................................................................................................... 6 Core obligations .......................................................................................................... 6 Knowledge, skills and qualifications .......................................................................... 7 Information for new clients ......................................................................................... 8 Information and services for existing clients............................................................... 8 Conflict of interest ...................................................................................................... 9 Acting on instructions ................................................................................................11 Honesty of statements and documents .......................................................................11 Costs ..........................................................................................................................11 Funds .........................................................................................................................11 Use of information .....................................................................................................12 Withdrawal of services ..............................................................................................12 Supervision of associated persons ..............................................................................12 Additional obligations of directors .............................................................................13 Additional obligations of incorporated attorneys .......................................................14 15 Information ................................................................................................................15 16 Information ................................................................................................................16

Part 2Overview
6 7 8 9

Part 3Professional conduct

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Part 4Information about complaints against registered attorneys

25

Part 5Administration
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Code of Conduct for Patent and Trade Marks Attorneys 2013

Preliminary Part 1

Section 1

Part 1Preliminary
1 Name of code
This code is the Code of Conduct for Patent and Trade Marks Attorneys 2013.
Note: The Patents Act and the Trade Marks Act provide for the control of the professional conduct of registered attorneys, and for the control of the practice of the professions, by reference to standards of practice established by the Board from time to time. In this instrument, those standards are referred to as the code.

2 Commencement
This code commences on 1 August 2013.

3 Authority
This code is made under the Patents Act 1990 and the Trade Marks Act 1995.

4 Definitions
In this code: associated person means: (a) in relation to a registered patent attorney who is an individuala person (including another registered patent attorney who is an individual) who performs work for the registered patent attorney under a contract or other arrangement (including a person who acts as the agent or representative of the registered patent attorney for the purposes of the Patents Act); and (b) in relation to an incorporated patent attorneya person who: (i) is located in Australia; and (ii) is not a staff attorney; and (iii) performs work for the incorporated patent attorney under a contract or other arrangement (including a person who acts as the agent or representative of the incorporated patent attorney for the purposes of the Patents Act); and (c) in relation to a registered trade marks attorney who is an individuala person (including another registered trade marks attorney who is an individual) who performs work for the registered trade marks attorney under a contract or other arrangement (including a person who acts as the agent or representative of the registered trade marks attorney for the purposes of the Trade Marks Act); and (d) in relation to an incorporated trade marks attorneya person who: (i) is not a staff attorney; and (ii) performs work for the incorporated trade marks attorney under a contract or other arrangement (including a person who acts as the agent or representative of the incorporated trade marks attorney for the purposes of the Trade Marks Act).
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Part 1 Preliminary

Section 4
Board means the Professional Standards Board for Patent and Trade Marks Attorneys. director means a patent attorney director or trade marks attorney director. incorporated attorney means an incorporated patent attorney or an incorporated trade marks attorney. incorporated patent attorney has the same meaning as in the Patents Act. incorporated trade marks attorney has the same meaning as in the Trade Marks Act. patent attorney director has the same meaning as in the Patents Act. Patents Act means the Patents Act 1990. professions means: (a) the patent attorney profession; and (b) the trade marks attorney profession. registered attorney means a person to whom this code applies.
Note: This code applies to: (a) an individual patent attorney, an incorporated patent attorney and a patent attorney director; and (b) an individual trade marks attorney, an incorporated trade marks attorney and a trade marks attorney director. The Patents Act and the Trade Marks Act explain these terms.

registered patent attorney has the same meaning as in the Patents Act. registered trade marks attorney has the same meaning as in the Trade Marks Act. regulatory authority means a body: (a) established by or under a law; or (b) otherwise established by a government; with which a registered attorney may deal with while performing work as a registered attorney.
Examples: Regulatory authorities include: (a) IP Australia; and (b) the Australian Customs and Border Protection Service; and (c) the Australian Competition and Consumer Commission; and (d) the Intellectual Property Office of New Zealand.

staff attorney means: (a) an individual who is a registered patent attorney and employed by an incorporated patent attorney; or (b) an individual who is a registered trade marks attorney and employed by an incorporated trade marks attorney. Trade Marks Act means the Trade Marks Act 1995.

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Preliminary Part 1

Section 5
trade marks attorney director has the same meaning as in the Trade Marks Act.

5 Former Code of Conduct

This code replaces the Code of Conduct that was published by the Board and commenced on 1 July 2008.

Code of Conduct for Patent and Trade Marks Attorneys 2013

Part 2 Overview

Section 6

Part 2Overview
6 Application of code
This code applies to: (a) a registered patent attorney; and (b) a registered trade marks attorney.
Note 1: When this code commenced: (a) the Patents Act covered an individual patent attorney, an incorporated patent attorney and a patent attorney director as registered patent attorneys; and (b) the Trade Marks Act covered an individual trade marks attorney, an incorporated trade marks attorney and a trade marks attorney director as registered trade marks attorneys. The Patents Act and the Trade Marks Act explain these terms. Note 2: Persons working in patents or trade marks must not use the word attorney to describe themselves unless the correct registration under the Patents Act or the Trade Marks Act is current and in force. Those Acts, and the Corporations Act 2001, set out requirements that apply to persons who are unregistered but use the word attorney to describe themselves.

7 Objectives of code
(1) The Patents Act and the Trade Marks Act provide for the control of the professional conduct of registered attorneys, and for the control of the practice of the professions, by reference to standards of practice established by the Board from time to time.
Note: See paragraph 228(2)(r) of the Patents Act and paragraph 231(2)(ha) of the Trade Marks Act.

(2) This code is intended to: (a) explain the professional conduct required of registered attorneys in their dealings with: (i) their clients; and (ii) other professional service providers; and (iii) IP Australia (the Patents, Trade Marks, Designs and Plant Breeders Rights Offices); and (b) assist clients of registered attorneys, and others who deal with the professions, to understand the obligations of registered attorneys to their clients and other professional service providers; and (c) explain how information can be given to the Board to enable it to investigate the conduct of a registered attorney.
Note: Registered attorneys are expected to comply with this code since the Board is entitled to take a failure to comply with this code into account in assessing the conduct of a registered attorney or a complaint against a registered attorney.

Code of Conduct for Patent and Trade Marks Attorneys 2013

Overview Part 2

Section 8 8 Examples in code

This code contains examples of behaviour to assist registered attorneys and their clients to understand this code and the conduct it covers. The examples are not exhaustive.

9 Rights of clients not affected

This code does not affect or reduce the rights of a client of a registered attorney in relation to the registered attorneys conduct.

Code of Conduct for Patent and Trade Marks Attorneys 2013

Part 3 Professional conduct

Section 10

Part 3Professional conduct

10 Application of Part 3
This Part applies to all registered attorneys.
Note: Some specific obligations in this Part apply only to a registered attorney who is an individual, or in a supervisory role such as a patent attorney director or a trade marks attorney director.

11 Core obligations
(1) A registered attorney must act as a patent attorney or a trade marks attorney: (a) in accordance with the law; and (b) in the best interests of the registered attorneys client; and (c) in the public interest; and (d) in the interests of the registered attorneys profession as a whole. (2) If a registered attorney is unable to comply equally with all of the obligations mentioned in subsection (1), the registered attorney must treat the obligations as an order of priority in which paragraph (1)(a) is the highest priority. (3) A registered attorney: (a) must not act as a patent attorney or a trade marks attorney in a way that is fraudulent or deceitful; and (b) must maintain standards of professional practice as a patent attorney or a trade marks attorney that are courteous, ethical and well-informed.
Example: If a registered attorney behaves disrespectfully and without courtesy to a government officer such as an examiner, or to another attorney or a member of the public, that conduct will reflect poorly on the registered attorneys profession and may not be in the best interests of the registered attorneys client.

(4) A registered attorney who is an individual is responsible for his or her own work, acts and defaults as a patent attorney or a trade marks attorney.
Note: If a registered attorney performs work for another registered attorney of any kind, the Board also requires the other registered attorney to be responsible for that work and those acts and defaults: see sections 22, 23 and 24.

(5) Subject to the obligation on a registered attorney to protect privileged communications: (a) if the registered attorney has reasonable grounds to suspect that another registered attorney is guilty of professional misconduct, the registered attorney must make a written report to the Board as soon as practicable; and (b) the Board will deal with the report in a way that protects client privilege and complies with the Boards other obligations in relation to information; and
Note: The obligations may arise in relation to matters such as unsubstantiated allegations or whistleblower protection.

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Professional conduct Part 3

Section 12
(c) the registered attorney must make the report despite any duty on the registered attorney to protect confidential information that is not privileged; and (d) if the report may, or would, breach the registered attorneys duty to protect confidential information that is not privileged, the registered attorney must also advise the registered attorneys client about the report as soon as practicable after making it. (6) Subject to the obligation on a registered attorney to protect privileged communications: (a) if the registered attorney has reasonable grounds to suspect that another registered attorney is guilty of unsatisfactory professional conduct, the registered attorney may make a written report to the Board as soon as practicable; and (b) the Board will deal with the report in a way that protects client privilege and complies with the Boards other obligations in relation to information; and (c) the registered attorney may make the report despite any duty on the registered attorney to protect confidential information that is not privileged; and (d) if the report may, or would, breach the registered attorneys duty to protect confidential information that is not privileged, the registered attorney must also advise the registered attorneys client about the report as soon as practicable after making it. (7) A registered attorney must not: (a) make a report under subsection (5) or (6) for an improper purpose; or (b) threaten to make a report for an improper purpose.
Example: Improper purposes include: (a) harassing or embarrassing a person; and (b) gaining a collateral advantage for the registered attorney or a client without using court proceedings.

(8) A registered attorney must: (a) have an address at which notices can be served for the purposes of this code; and (b) ensure that the Board is notified of the current address; and (c) notify the Board of a change of address within 14 days. (9) The Board will act on the assumption that a notice served on a registered attorney at an address notified to the Board under paragraph (8)(b) has been received by the registered attorney.

12 Knowledge, skills and qualifications

A registered attorney who is an individual must have the appropriate knowledge, skills and qualifications for work he or she performs for the purposes of the Patents Act or the Trade Marks Act.
Example: The following are examples of work that must not be performed:

Code of Conduct for Patent and Trade Marks Attorneys 2013

Part 3 Professional conduct

Section 13
(a) work relating to a field of science or technology with which the registered attorney is unfamiliar; (b) work in an area outside the registered attorneys primary practice area (such as work in relation to patents if he or she has practised only in the area of trade marks); (c) work that requires the registered attorney to represent a client before a court, but he or she is not entitled to do so. Note: This section relates to a registered attorney who is an individual whether the attorney works on his or her own or in a larger organisation.

13 Information for new clients

(1) Before a registered attorney who is an individual performs work for a new client, the registered attorney must give the new client written advice that the registered attorney: (a) is registered; and (b) has relevant knowledge, skills and qualifications, including by drawing on technical expertise; and (c) is bound by this code.
Note: Under section 12, a registered attorney who is an individual must have appropriate knowledge, skills and qualifications.

(2) Before a registered attorney who is an individual performs work for a new client, the registered attorney must give the new client: (a) a written estimate of the cost of performing particular work for the new client; and (b) other written information about the implications of having the registered attorney perform the work for the new client, in terms of procedures, cost and timing.
Note: Disclosure of this information will ensure that the new client is made aware of the likely costs of particular work that is necessary or recommended by the registered attorney.

14 Information and services for existing clients

New work outside previous arrangements (1) Subsections (2) and (3) apply if: (a) a registered attorney who is an individual is performing work for a client; and (b) the client requests the registered attorney to perform work (new work) that: (i) is materially different from work the registered attorney has previously performed for the client; or (ii) requires knowledge, skills or qualifications that the registered attorney has not previously been required to apply for the client; or (iii) makes a material difference to the cost or timing of work that the registered attorney is performing, or has performed, for the client, or to procedures required to perform that work.

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Professional conduct Part 3

Section 15
(2) The registered attorney must give the client written advice that the registered attorney has the relevant knowledge, skills and qualifications, including by drawing on technical expertise, to perform the new work.
Note: Under section 12, a registered attorney who is an individual must have appropriate knowledge, skills and qualifications.

(3) Before the registered attorney performs the new work for the client, the registered attorney must give the client: (a) a written estimate of the cost of performing the new work; and (b) other written information about the implications of performing the new work, in terms of procedures, cost and timing.
Note: Disclosure of this information will ensure that the client is made aware of the likely costs of particular work that is necessary or recommended by the registered attorney.

Draft specifications or applications (4) A registered attorney who is an individual must give a client an opportunity, if practicable, to view drafts of patent specifications drafted by the registered attorney for the client. Client property (5) A registered attorney must give, return or make available to a client a document, sample or other material: (a) that is the clients property; or (b) to which the client may have access under an agreement between the registered attorney and the client; or (c) in which the client has a legal or other interest that entitles the client to have access to the document, sample or material; if the client asks the registered attorney to do so. (6) However, a registered attorney is not required to comply with subsection (5) if the client has not satisfied a lien imposed in accordance with the Patents Regulations 1991 or the Trade Marks Regulations 1995.

15 Conflict of interest
Dealing with separate parties to the same matter, etc. (1) If a registered attorney performs work for a client in a matter, the registered attorney may perform work for, or provide other assistance to, another person who has a different or contrary interest in the matter only if: (a) the registered attorneys knowledge of the client or the matter would not prejudice the registered attorneys client or provide an unfair advantage to the other person in that matter; and (b) the registered attorneys client agrees to allow the registered attorney to perform the work or provide the assistance; and (c) it would not be contrary to a law to perform the work or provide the assistance.

Code of Conduct for Patent and Trade Marks Attorneys 2013

Part 3 Professional conduct

Section 15
(2) The registered attorney must not perform work for, or provide other assistance to, the other person if subsection (1) does not apply. (3) If there is a dispute between 2 or more of those persons in relation to the matter, the registered attorney must: (a) treat each person for whom the registered attorney has performed work in the matter as having a different or contrary interest in the matter; and (b) take immediate steps to attempt to resolve the dispute. Avoidance of conflict (4) A registered attorney must avoid the creation of a conflict of interest between any persons.
Note: A conflict of interest may involve a conflict between the personal, legal or business interests of a registered attorney and a current client. A conflict of interest may also involve the personal, legal or business interests of other persons, such as: (a) a former client; or (b) a member of a registered attorneys family; or (c) a dependent or associate of a registered attorney.

Conflict to avoid prejudice (5) If: (a) a client instructs a registered attorney to file an application; and (b) the registered attorney believes that: (i) accepting the instructions may create a conflict of interest when or after the application is filed; and (ii) a failure to file the application may result in prejudice to the client; and (iii) it is not reasonably practicable for someone else to file the application; the registered attorney must accept the clients instructions, advise the client of the potential conflict as soon as practicable, and resolve it. Personal interest in intellectual property right (6) If: (a) a registered attorney owns an intellectual property right; and (b) performing work for a client or a prospective client may create a conflict of interest in relation to the property right; the registered attorney must not perform work for the client or prospective client unless the registered attorney discloses the ownership and the client or prospective client agrees to allow the registered attorney to perform the work. Resolution of conflict (7) If a conflict of interest exists, or a potential conflict of interest may arise, between a registered attorney and a client, the registered attorney must take immediate steps to attempt to resolve the conflict or potential conflict.

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Code of Conduct for Patent and Trade Marks Attorneys 2013

Professional conduct Part 3

Section 16
(8) For subsection (7), if a persons rights may be put at risk if the conflict or potential conflict is not resolved, the registered attorney must take immediate steps to maintain the persons rights as part of attempting to resolve the conflict or potential conflict.

16 Acting on instructions
A registered attorney must act promptly on a clients instructions or promptly inform the client of the registered attorneys inability to do so.

17 Honesty of statements and documents

(1) A registered attorney: (a) must be open and frank in dealing with a regulatory authority, subject only to the registered attorneys duty to the registered attorneys clients; and (b) must not knowingly make a false or misleading statement in relation to work performed for a client or a prospective client; and (c) must not prepare, or assist in the preparation of, a document in relation to a matter if the registered attorney knows, or ought reasonably to know, that the document contains a false or misleading statement; and (d) must not file, or assist in the filing of, a document in relation to a matter if the registered attorney knows, or ought reasonably to know, that the document contains a false or misleading statement; and (e) must not wilfully misrepresent facts or otherwise mislead another person in relation to a matter. (2) A registered attorney must recognise that the instructions given by a client are not automatically a defence of, or an explanation for, the way the registered attorney acts for the client.
Note: A registered attorney is likely to have to choose the way in which material such as a specification, application or evidence is best prepared in the interests of the client. The registered attorneys obligation, having regard to all of the registered attorneys obligations under this code, is to explain the implications adequately to the client and represent the client in the most diligent way possible but without perpetuating a falsehood or knowingly making a statement which is misleading.

18 Costs
A registered attorney must pay a cost, official fee or debt in a timely manner after the registered attorneys client has given the relevant amount to the registered attorney.

19 Funds
(1) A registered attorney must keep and account for the funds of a client using a method permitted by: (a) accounting standards in force under the Corporations Act 2001; or (b) if appropriatethe laws of New Zealand relating to accounting standards and practices.

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Part 3 Professional conduct

Section 20
Note: When this code commenced, accounting standards under the Corporations Act 2001 were made under section 334 of that Act. Compliance with New Zealand law may be relevant if the registered attorney is performing work relating to New Zealand.

(2) A registered attorney must use monies paid by a client only: (a) for the purposes for which the client paid the monies; and (b) in accordance with any instructions given by the client. (3) A registered attorney must promptly give a client any refund due to the client.

20 Use of information
(1) A registered attorney must not use the registered attorneys position as a registered attorney to take advantage of: (a) information given by a client, or a prospective client, for the registered attorneys own benefit or on behalf of another person; or (b) information given by another person, in relation to the matter for which the client has engaged the registered attorney, for the registered attorneys own benefit or on behalf of another person; or (c) circumstances resulting from a professional relationship with a client, or a prospective client, for the registered attorneys own benefit or on behalf of another person. (2) A registered attorney must not use or disclose confidential information which the registered attorney has obtained from or on behalf of: (a) a former, current or prospective client; or (b) another registered attorney; or (c) any other person; or (d) a company: (i) which is a client; and (ii) of which the registered attorney is, or has been, a director, officer or shareholder; unless the confidentiality is no longer applicable.
Example: The following are examples of when confidentiality is no longer applicable: (a) the registered attorney has been released from the obligation not to disclose the information; (b) the information has been lawfully published.

21 Withdrawal of services
If a registered attorney withdraws the registered attorneys services, or ceases to act for a client, the registered attorney must inform the client of any actions necessary to maintain the clients intellectual property rights.

22 Supervision of associated persons

(1) A registered attorney is responsible for the work, acts and defaults of an associated person unless the Board is satisfied, in relation to a particular person, that it is appropriate to treat someone else as being responsible for the persons work, acts and defaults.
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Professional conduct Part 3

Section 23
(2) The Board will control the professional conduct of registered attorneys, and the practice of the professions, on the basis stated in subsection (1) even if the registered attorney works under a management structure that includes other persons. (3) If a registered attorney wishes to claim that the registered attorney is not responsible for the work, acts and defaults of a particular associated person, the Board will require the registered attorney to demonstrate this to the Boards satisfaction. (4) Subsection (5) applies if: (a) an associated person performs work for a registered attorney for the purposes of the Patents Act or the Trade Marks Act; and (b) the work is not clerical or administrative work. (5) The registered attorney must ensure that: (a) the associated person has the knowledge, skills and qualifications required for the work; and (b) if the associated person is unregisteredthe client is informed, as soon as practicable, that the associated person is unregistered; and (c) the associated person: (i) deals with a new client in the way required of a registered attorney by section 13; and (ii) deals with an existing client in the way required of a registered attorney by section 14.

23 Additional obligations of directors

(1) This section applies to: (a) a patent attorney director in the capacity of a patent attorney director; and (b) a trade marks attorney director in the capacity of a trade marks attorney director. (2) A director is responsible for the directors work, acts and defaults as a director. (3) A director is responsible for: (a) the work, acts and defaults of each staff attorney; and (b) the work, acts and defaults of each associated person; unless the Board is satisfied, in a particular case, that it is appropriate to treat someone else as being responsible for the work, acts and defaults of the staff attorney or associated person. (4) The Board will control the professional conduct of registered attorneys, and the practice of the professions, on the basis stated in subsection (3) even if the directors incorporated attorney has a management structure that includes other persons. (5) If a director wishes to claim that the director is not responsible for the work, acts and defaults of a particular staff attorney or associated person, the Board will require the director to demonstrate this to the Boards satisfaction.
Code of Conduct for Patent and Trade Marks Attorneys 2013 13

Part 3 Professional conduct

Section 24 24 Additional obligations of incorporated attorneys

(1) This section applies to: (a) an incorporated patent attorney; and (b) an incorporated trade marks attorney. (2) An incorporated attorney is responsible for its work, acts and defaults as an incorporated attorney. (3) An incorporated attorney is responsible for the work, acts and defaults of: (a) each director; and (b) each staff attorney; and (c) each associated person; unless the Board is satisfied, in a particular case, that it is appropriate to treat someone else as being responsible for the work, acts and defaults of the director, staff attorney or associated person. (4) The Board will control the professional conduct of incorporated attorneys, and the practice of the professions, on the basis stated in subsection (3) even if the incorporated attorney has a management structure that includes other persons. (5) If the incorporated attorney wishes to claim that the incorporated attorney is not responsible for the work, acts and defaults of a particular director, staff attorney or associated person, the Board will require the incorporated attorney to demonstrate this to the Boards satisfaction. (6) The incorporated attorney must ensure that: (a) each director; and (b) each staff attorney; and (c) each associated person who is a registered attorney; acts as a registered attorney in accordance with the requirements in this Part.

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Code of Conduct for Patent and Trade Marks Attorneys 2013

Information about complaints against registered attorneys Part 4

Section 25

Part 4Information about complaints against registered attorneys

25 Information
(1) The Board has the sole responsibility for commencing and conducting disciplinary proceedings against a registered attorney.
Note: Part 8 of Chapter 20, and Part 5 of Chapter 20A, of the Patents Regulations 1991 explain the grounds on which the Board may commence disciplinary proceedings. Those Parts also explain concepts such as: (a) professional misconduct; and (b) unsatisfactory professional conduct. Division 6 of Part 20, and Division 5 of Part 20A, of the Trade Marks Regulations 1995 make the same arrangements.

(2) The Board can take on this role as a result of information it receives or on its own initiative. (3) The Board may commence proceedings before the Patent and Trade Marks Attorneys Disciplinary Tribunal against a registered attorney who is an individual if the Board is satisfied that there is a reasonable likelihood of that registered attorney being found guilty of unsatisfactory professional conduct. The Board is required to commence proceedings if the Board is satisfied that there is a reasonable likelihood of that registered attorney being found guilty of professional misconduct. (4) The Board may apply to the Patent and Trade Marks Attorneys Disciplinary Tribunal to cancel or suspend the registration of an incorporated patent attorney or an incorporated trade marks attorney.
Note: Regulation 20A.10 of the Patents Regulations 1991 and regulation 20A.10 of the Trade Marks Regulations explain the grounds on which the Board may make an application and the procedures applicable to an application.

(5) A person or body may make a complaint to the Board, or provide information to the Board, about the conduct of a registered attorney.
Note: See also subsection 11(7).

(6) A registered attorney must not: (a) make a complaint to the Board, or provide information to the Board, under subsection (4) for an improper purpose; or (b) threaten to make a complaint to the Board, or provide information to the Board, for an improper purpose.
Example: Improper purposes include: (a) harassing or embarrassing a person; and (b) gaining a collateral advantage for the registered attorney or a client without using court proceedings.

(7) The Board would generally expect a client or former client of a registered attorney to:
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Part 5 Administration

Section 26
(a) discuss a grievance with the registered attorney, to attempt a settlement, before making a complaint or providing information to the Board; and (b) inform the Board, when making a complaint or providing information, of discussions with the registered attorney and attempts to settle the matter with the registered attorney.
Note: The Board recognises that there are cases where it would be impossible or inappropriate for a client or former client to contact the registered attorney first.

(8) The Board may issue disciplinary guidelines relating to registered patent attorneys and registered trade marks attorneys.
Note: See http://www.psb.gov.au.

Part 5Administration
26 Information
(1) The Board is responsible for: (a) publicising this code to ensure widespread awareness of its purpose and provisions; and (b) implementing measures to ensure that registered attorneys are aware of this codes purpose and provisions; and (c) conducting periodic reviews of this codes effectiveness, and of the procedures in this code, with a view to possible changes; and (d) preparing annual and other reports relating to this code. (2) This code is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and is available on the ComLaw website (http://www.comlaw.gov.au). (3) This code is also available on the Boards website (http://www.psb.gov.au). (4) This code is also available from: The Secretary Professional Standards Board for Patent and Trade Marks Attorneys PO Box 200 WODEN ACT 2606 (5) The Boards phone number is available on the Boards website (http://www.psb.gov.au).

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Code of Conduct for Patent and Trade Marks Attorneys 2013